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Managing Fatigue Compliance for All Drivers: A Reasonably Practicable Approach for Transport Operators

Managing different rules and mandates regarding fatigue for all types of heavy vehicle operators is crucial to the safety of all road users
Hubfleet can provide an all-in-one digital solution for your safety management system.

Fatigue management is crucial for the safety of drivers and the public in the road transport industry. The Heavy Vehicle National Law (HVNL) mandates strict requirements for drivers of fatigue-regulated heavy vehicles, but the rules vary depending on vehicle weight and the distance travelled. For transport operators, managing these different requirements can be challenging, especially when balancing the obligations for drivers of vehicles under 12 tonnes, drivers travelling more than 100 kilometres, and drivers travelling less than 100 kilometres.

A key consideration is that all drivers of fatigue-regulated vehicles, regardless of distance travelled or hours worked, must carry a work diary. While not all drivers need to fill in the diary, it is reasonably practicable to monitor the work and rest hours of all drivers. If you are already tracking one category of drivers for compliance, shouldn’t the same approach apply to all drivers in your fleet?

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Understanding Legal Requirements for Different Driver Categories

Under the HVNL, there are clear distinctions between drivers of fatigue-regulated heavy vehicles based on vehicle weight and distance travelled. However, one important correction must be noted: all drivers of fatigue-regulated vehicles must carry a work diary, even if they are not required to fill it out.

Drivers of Fatigue-Regulated Heavy Vehicles (Travelling More Than 100 Kilometres)

Drivers of fatigue-regulated heavy vehicles who travel more than 100 kilometres from their base must:

  • Carry and maintain a work diary, recording work and rest hours for each day.
  • Keep the work diary updated with vehicle registration, work and rest times, and other required details for the previous 28 days.
  • Ensure the diary is available for inspection by authorised officers at any time.

Failure to comply can result in penalties of up to $6,000, highlighting the importance of accurate record-keeping for these drivers.

Drivers of Fatigue-Regulated Heavy Vehicles (Travelling Less Than 100 Kilometres) 

For drivers of fatigue-regulated vehicles travelling less than 100 kilometres, the situation differs slightly:

  • These drivers are also required to carry a work diary, but they are not required to fill it in while working under standard hours. However, their employers (record keepers) must maintain accurate records of work and rest times, trip details, and vehicle information.

This means that while drivers within a 100km radius don’t need to fill out their work diary, they are still subject to monitoring, and their work and rest hours must be recorded by their record keeper.

Drivers of Vehicles Under 12 Tonnes 

Drivers of vehicles under 12 tonnes are not considered fatigue-regulated under the HVNL and are not required to carry or maintain a work diary. However, given that fatigue risks remain for all drivers, it is reasonably practicable to monitor their work and rest hours as well.

Why Monitoring All Drivers Is Reasonably Practicable

  1. Fatigue Risks Apply to All Drivers, Regardless of Legal Requirements

Fatigue doesn’t only affect long-distance drivers or those operating heavy vehicles. Short-distance drivers and those in lighter vehicles can also experience fatigue, especially when driving long shifts or working in demanding conditions. Fatigue leads to impaired decision-making, slower reaction times, and increased risk of accidents, regardless of vehicle size or distance travelled.

If your business is already monitoring long-distance drivers, extending the same practices to all drivers is a practical and effective way to ensure safety across your fleet. By tracking all drivers, you minimise the risk of fatigue-related accidents, ensuring a safer working environment for everyone.

  1. Consistency in Record-Keeping Simplifies Operations

For transport operators, using electronic work diaries (EWDs) and other monitoring tools for fatigue-regulated drivers simplifies compliance. By extending these same systems to cover all drivers, regardless of whether they are required to fill in a diary, you create a unified approach to compliance.

Managing one system for all drivers ensures consistency in data collection, making it easier to monitor work hours, rest periods, and driver behaviour across the entire fleet. This not only enhances safety but also improves operational efficiency, as you are no longer managing separate processes for different categories of drivers.

  1. Protecting Your Business From Liability

Under general work health and safety laws, businesses have a duty to manage all foreseeable risks, including fatigue. Even though not all drivers are required to fill in a work diary, failing to monitor their work and rest hours could expose your business to liability. In the event of an accident or regulatory audit, demonstrating that you have taken reasonable steps to monitor and manage fatigue for all drivers can protect your business from legal action or fines.

Monitoring all drivers, regardless of whether they are legally required to complete a work diary, shows a commitment to safety that goes beyond minimum legal requirements.

Challenges of Not Monitoring All Drivers

If you choose not to monitor work and rest hours for drivers who aren’t required to fill in a work diary, you risk creating inconsistencies in your compliance and safety protocols. Drivers of vehicles under 12 tonnes or those travelling less than 100 kilometres may still experience fatigue without adequate oversight, increasing the likelihood of accidents.

This lack of monitoring can also lead to confusion and fragmented safety practices within your business. A unified monitoring approach ensures that all drivers are following the same safety guidelines, reducing the risk of oversight and improving overall safety performance.

Implementing a Unified Fatigue Management System

For transport operators, the solution lies in implementing a unified fatigue management system that covers all drivers, regardless of vehicle size or travel distance. Key steps include:

  • Using electronic systems to monitor work and rest hours for all drivers, even if they are not required to fill in a work diary.
  • Ensuring consistency in monitoring practices for both short-distance and long-distance drivers.
  • Providing regular training for all drivers on the risks of fatigue and the importance of adhering to company policies.

By adopting the same fatigue management standards for all drivers, businesses can streamline compliance, reduce risks, and improve overall safety.

In conclusion

It is reasonably practicable to monitor the work and rest hours of all drivers, even if they are not required by law to fill in a work diary. For transport operators, implementing a unified fatigue management system ensures safety and compliance across the entire fleet, whether drivers are operating long distances, short distances, or lighter vehicles. Fatigue management is crucial for all drivers, and extending these practices to the entire fleet is both a practical and effective way to ensure the safety of drivers and the public.

Author

With 30 years of experience in the heavy vehicle transport industry, Glyn Castanelli is a qualified auditor for NHVAS, WAHVA, AMCAS, and CLOCS-A. As a Compliance and Customer Success Consultant at Hubfleet, he guides companies in navigating complex regulations and optimising their safety management systems. Glyn’s passion for helping businesses thrive extends beyond compliance, encompassing operational improvements and best practices. Glyn is a recognised voice in the industry, regularly sharing his expertise through articles, podcasts, and speaking engagements.

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